1. Employee and Employer Contributions
The Essclean, Inc.. 401(k) Plan likely contains both employee and employer contributions. Typically, the employee’s contributions are always 100% vested. But employer contributions may be subject to a vesting schedule. If the employee spouse hasn’t met the necessary years of service, some of those employer contributions may not be divisible and will be forfeited if the employee leaves the company.
This makes timing crucial. Make sure to determine how much of the account is vested and subject to division at the time of the divorce or QDRO filing. Your QDRO should clearly state whether the award is based on only vested amounts or includes future vesting.

